Fort Pitt Stamping & Enameling Co. v. American Natural Gas Co.

Citations

• 269 Pa. 162
• 112 A. 35
• 1920 Pa. LEXIS 786

Syllabus

<p>Deeds — Deed by trustee — Good record title — Constitutionality of Act of July 11,1917, P. L. 756.</p> <p>1. On a case-stated in ejectment, where the court is asked merely to decide whéther or not a deed from a person named as “trustee” “passes a good record title,” the court will decide the question in the affirmative, if it appears that the deed in question was made a quarter of a century before, and that it recited that the grantor, described as “trustee, party of the first part,” made the deed “in pursuance of a request of the cestui que trust of the first party.”</p> <p>2. Not decided whether the word “trustee,” after the name of a grantee in a deed, without more, is sufficient to put any one accepting a deed of such grantee on inquiry as to the extent of his authority to convey.</p> <p>3. On a case-stated not raising the point, it is not necessary to decide the constitutionality of the Act of July 11, 1917, P. L. 756, which, undertakes to validate deeds theretofore made by “trustees without setting forth the authority to convey.”</p> <p>Practice, C. P.- — Case-stated—Facts not stated.</p> <p>4. Whatever is not distinctly and expressly agreed upon and set forth in a case-stated, must be taken not to exist.</p>